The Challenge of Regulating Online Hate Speech

    In May 2026, President Lee Jae-myung called for discussions on measures including shutting down websites that incite hatred and ridicule, imposing penalties for hate speech, and introducing punitive damages. Following the Starbucks “Tank Day” controversy, calls to shut down the far-right online community “Ilgan Best” have resurfaced, reigniting debate over online hate speech. Furthermore, hate speech is increasingly being used casually among teenagers as a form of online humor.
 

Is Hate Speech a Form of Free Speech?

    Unlike some European countries, South Korea does not have a comprehensive, standalone law that directly regulates “hate speech”. As a result, under South Korea’s current insult and defamation laws, a specific victim must generally be identified for criminal charges to be brought. It is often difficult to punish hate speech targeting groups based on gender or region. Additionally, under the Criminal Code, defamation of the deceased can only be prosecuted by an eligible complainant.

Legal Limits on Closing Specific Communities

    This is not the first attempt to shut down such a community. In 2018, the Blue House considered closing “Ilgan Best,” but the plan ran into legal obstacles. Unlike illegal gambling sites, online communities contain both legal and illegal content, making it difficult to justify shutting them down entirely. Moreover, the legal criteria for shutting down hate sites remain ambiguous, raising concerns over arbitrary government action and political censorship.

A Culture of Hate and Far-Right Games Passed Down to Youth

    In July, a nationwide survey by the Korean Teachers and Education Workers Union found that more than 70% of teachers had witnessed hate speech originating from certain online communities. Nearly 90% of the reported expressions involved mocking the deaths of politicians or historical figures. Expressions such as the suffix “~no” and terms like “unji” were used simply “for fun,” even in everyday conversations and school assignments. Notably, 57.5% of adolescents who use hate speech said that they do so “to avoid being excluded from the group because everyone else does.” In schools, the pressure on teachers to remain politically neutral and the lack of a coordinated response are exacerbating the problem. The spread of online hate content and online community culture is cited as a major cause of this phenomenon.

How Other Countries Regulate Hate Speech

    First, in Germany, the Network Enforcement Act (NetzDG) authorizes fines of up to €50 million against platforms that fail to remove clearly illegal content within 24 hours of receiving a report. The European Union, through the Digital Services Act, also imposes obligations on Big Tech companies to address illegal content and imposes fines of up to 6% of global revenue for violations.

    These international approaches offer important lessons for South Korea. Rather than relying solely on platforms, stronger corporate responsibility is needed within constitutional limits. However, legal regulation alone is not enough. Educational efforts must also be implemented to prevent young people from treating hateful content as entertainment. Education should move beyond teaching digital skills and instead foster digital literacy—the ability to critically identify hate speech and respect the dignity of others.

Seo Jun-hee(ST Reporter)

20231933@soongsil.ac.kr